2008 SESSION

Directing the Joint Commission on Health Care to continue its
study of the mental health needs and treatment of young minority adults in the
Commonwealth. Report.

Agreed to by the Senate, January 30, 2008

Agreed to by the House of Delegates, March 5, 2008

WHEREAS, Senate Joint Resolution No. 25 (2004) directed the
Joint Commission on Health Care to study the mental health needs and treatment
of young minority adults in the Commonwealth; and

WHEREAS, Americans assign high priority to disease prevention,
the benefits of healthy lifestyles, and personal well-being, and most people
agree that sound mental health is essential to a fulfilling and healthy life;
and

WHEREAS, mental disorders are real health conditions that have
an immense impact on individuals and families throughout the Commonwealth, and
persons suffering from mental disorders present with a variety of symptoms that
may include inappropriate anxiety, disturbances of thought and perception,
deregulation of mood, and cognitive dysfunction that may be specific to a
particular diagnosis or cultural influence; and

WHEREAS, the transition from youth to adulthood is stressful
and undiagnosed mental health problems during this phase of life may intensify
and be exacerbated by unemployment, homelessness, poverty, lack of preventive
health care and support systems, and other social pressures during this stage
of life; and

WHEREAS, in “Mental Health: A Report of the Surgeon General,
1999,” the Surgeon General reported that “culture and social factors contribute
to the causation of mental illness, and the contribution varies by disorder,
and the cultures of racial and ethnic minorities influence many aspects of
mental illness”; and

WHEREAS, the Surgeon General reported further that “racial and
ethnic minorities collectively experience a constellation of barriers to and a
greater disability burden from mental illness than do whites, due in part to
less care, poorer quality of care, discrimination, the stigma of mental
illness, and underrepresentation in mental health research”; and

WHEREAS, if racial and ethnic minority persons succeed in
accessing mental health care services, the treatment may be inappropriate to
meet their needs because diagnosis and treatment services frequently do not
consider individual circumstances, gender, race, culture, and other
characteristics that shape a person's image and identity, and affect response
to stress and problems; and

WHEREAS, many mentally disabled young adults have complex
needs and very limited financial resources, and the nature of their mental
illnesses often obscures their ability to acknowledge the need for or to seek
appropriate health care and mental health treatment; and

WHEREAS, due to their mental disabilities, these persons often
wander away from the safety and protection of home, and without cognitive and
social skills to care for or defend themselves, fall prey to predators, become
entangled in criminal activities, experience deteriorating physical and mental
health, and encounter many other dangers; and

WHEREAS, federal and state laws designed to protect patient
medical records and health care also frequently provide little recourse to the
parents and family caregivers of mentally disabled young adults short of
involuntary commitment to obtain needed health care, social services, and
mental health treatment for them; and

WHEREAS, parents of mentally disabled young adults face legal,
privacy, and financial obstacles, and are frustrated when navigating the mental
health system to secure specialized care for their mentally disabled adult
children; and

WHEREAS, this difficult situation is exacerbated for the
parents and families of mentally disabled young adults when they become
homeless, encounter the criminal justice system, or experience other
unfortunate circumstances; and

WHEREAS, the disparity in mental health care and treatment for
minorities is a critical public health concern, and the development of
alternatives within the legal parameters established by federal and state laws
governing the confidentiality of health care, mental health treatment, and
medical records that allow the parents and family members of these persons to
appropriate culturally competent mental health treatment for them may lessen
the need for costly long-term intensive care or involuntary commitment; now,
therefore, be it

RESOLVED by the Senate, the House of Delegates concurring,
That the Joint Commission on Health Care be directed to continue its study of
the mental health needs and treatment of young minority adults in the
Commonwealth.

In conducting the study, the Joint Commission on Health Care
shall continue, to the extent possible, (i) estimate the number of mentally
disabled young adults by gender, age, and racial and ethnic classification, in
the geographical regions of the Commonwealth; (ii) identify the prevailing
mental health and emotional disorders and their etiology among minority young
adults; (iii) identify the mental health needs of minority citizens,
particularly minority young adults in Virginia; (iv) determine the number of
racial and ethnic minority persons who receive mental health treatment each
year and the facilities providing such care; (v) determine whether mental
health care providers are trained to provide culturally competent mental health
treatment; (vi) assess the need for culturally competent mental health
treatment in Virginia; (vii) review federal and state laws and regulations
governing the confidentiality of health care, mental health treatment, and
medical records and identify the conditions and the extent to which medical
records information may be disclosed to parents and family members to assist
them in obtaining health, social services, and mental health treatment for
mentally disabled young adults; (viii) recommend ways and alternatives, within
the law, to provide parents and family members of mentally disabled young
adults the ability to obtain needed health, social services, and mental health
treatment for such persons without involuntary commitment; and (ix) consider
such other related matters as the Commission may determine necessary to address
the objectives of this resolution.

Technical assistance shall continue to be provided to the
Joint Commission on Health Care by the Department of Mental Health, Mental
Retardation and Substance Abuse Services. All agencies of the Commonwealth
shall provide assistance to the Commission for this study, upon request.

The Joint Commission on Health Care shall complete its
meetings by November 30, 2008, and the Chairman shall submit to the Division of
Legislative Automated Systems an executive summary of its findings and
recommendations no later than the first day of the 2009 Regular Session of the
General Assembly. The executive summary shall state whether the Joint
Commission on Health Care intends to submit to the General Assembly and the
Governor a report of its findings and recommendations for publication as a
House or Senate document. The executive summary and report shall be submitted
as provided in the procedures of the Division of Legislative Automated Systems
for the processing of legislative documents and reports and shall be posted on
the General Assembly's website.